Refund policy
Provider:
MASISTES GmbH (trading as CommerceAct)
Grindelallee 100, 20146 Hamburg, Deutschland
Managing Director: Dr. Alex Lindt
Email: info@commerceact.com
1. Scope of this Policy
This Refund & Withdrawal Policy applies to all purchases made via CommerceAct.com, operated by MASISTES GmbH. Our offerings consist primarily of digital products (including but not limited to templates, downloadable toolkits, e-books, and design assets) as well as online courses, memberships, and digital educational resources.
Given the nature of these products and in compliance with applicable consumer protection law, this Policy explains the extent to which withdrawal rights exist or are excluded, as well as the circumstances under which a refund may be granted.
2. Statutory Right of Withdrawal (Widerrufsrecht)
Pursuant to §§ 312g, 355 BGB (German Civil Code) and Art. 9 Consumer Rights Directive 2011/83/EU, consumers in the European Union generally enjoy a 14-day right of withdrawal for distance contracts. This means a consumer may revoke their contractual declaration within 14 days without giving reasons.
However, this general right is subject to specific statutory exceptions.
3. Exclusion of Withdrawal for Digital Content
According to § 356(5) BGB and Art. 16(m) Consumer Rights Directive 2011/83/EU, the right of withdrawal expires prematurely if:
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the contract concerns the supply of digital content not supplied on a tangible medium (e.g., direct downloads, streaming access, or online courses),
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the consumer has expressly consented to the immediate performance of the contract before the withdrawal period expires, and
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the consumer has acknowledged that they thereby lose their right of withdrawal once performance has begun.
By completing a purchase on CommerceAct.com, you expressly agree to immediate provision of the digital content and confirm your knowledge that the statutory withdrawal right expires upon the initiation of download or streaming access.
As a result:
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For digital downloads and online courses provided immediately upon payment, no statutory right of withdrawal exists after delivery has started.
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All such sales are final and binding.
4. Refund Policy Outside Statutory Rights
Since statutory withdrawal does not apply once digital delivery has commenced, CommerceAct does not generally provide refunds for completed digital purchases.
Nevertheless, we may, in rare cases and without prejudice to our legal obligations, provide a refund on the basis of goodwill or if required by statutory warranty law (§§ 434 ff. BGB). Refunds may be granted under the following circumstances:
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Duplicate purchases or billing errors resulting in double payment.
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Technical malfunctions on our side that permanently prevent you from accessing the purchased content.
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Defects in the digital product as defined by German law, where the content does not conform to the agreed or legally required quality standards.
Refunds will not be granted for reasons such as:
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change of mind,
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dissatisfaction with the design, learning style, or subjective expectations,
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lack of technical knowledge to use the product if minimum requirements were disclosed,
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failure to achieve personal or business results.
5. Refund Procedure
If you believe you are entitled to a refund under the conditions above, please contact us in writing at info@commerceact.com.
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Please include your order number, proof of payment, and a clear explanation of the issue.
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We will review your request within 14 days.
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If approved, refunds will be processed using the same payment method originally used, unless expressly agreed otherwise.
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Processing times may vary depending on your payment provider.
6. Model Withdrawal Form (for reference only)
Although the statutory withdrawal right does not apply once you have agreed to immediate delivery of digital content, we are legally required to provide the model withdrawal form:
Model Withdrawal Form (§ 355 BGB)
(Complete and return this form only if you wish to withdraw from the contract before digital delivery has begun.)
To:
MASISTES GmbH – CommerceAct
Grindelallee 100, 20146 Hamburg, Deutschland
Email: info@commerceact.com
I/We () hereby give notice that I/We () withdraw from my/our () contract for the purchase of the following goods/services ():
– Ordered on () / received on ()
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if sent on paper)
– Date
(*) Delete as appropriate
7. Contact Information
Questions regarding this Refund & Withdrawal Policy should be directed to:
MASISTES GmbH – CommerceAct
Grindelallee 100
20146 Hamburg, Deutschland
Email: info@commerceact.com
Key Legal References
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§ 312g BGB – Right of withdrawal for distance contracts.
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§ 355 BGB – General provisions on withdrawal.
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§ 356(5) BGB – Expiry of withdrawal right for digital content.
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Art. 9 & 16(m) Consumer Rights Directive 2011/83/EU – EU rules on withdrawal rights and exceptions.